NY State Assembly Bill A6380A

Archive: Last Bill Status - Passed Assembly

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (22)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 20, 2018	referred to finance delivered to senate passed assembly
Jan 03, 2018	ordered to third reading cal.456 returned to assembly died in senate
Jun 20, 2017	referred to rules delivered to senate passed assembly ordered to third reading rules cal.537 rules report cal.537 reported
Jun 19, 2017	reported referred to rules reported referred to ways and means
Jun 14, 2017	print number 6380c
Jun 14, 2017	amend and recommit to codes
Jun 06, 2017	reported referred to codes
Jun 02, 2017	print number 6380b
Jun 02, 2017	amend and recommit to governmental operations print number 6380a
Jun 02, 2017	amend (t) and recommit to governmental operations
Mar 06, 2017	referred to governmental operations

Bill Amendments

Original

C (Active)

Original

C (Active)

Co-Sponsors

Multi-Sponsors

A6380 - Details

Current Committee:: Senate Finance
Law Section:: State Finance Law
Laws Affected:: Add §139-d-1, amd §163, St Fin L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A8403
2019-2020: A8061

A6380 - Summary

Requires state contractors to submit a statement on preventing human trafficking in bids to the state and maintain a written policy for preventing human trafficking within its operations, business dealings, and supply chain and provide to the state a copy of such policy when submitting such statement.

A6380 - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6380

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                              March 6, 2017
                               ___________

Introduced  by  M.  of  A. TITONE, COOK, GOTTFRIED, STIRPE, SIMON, McDO-
  NOUGH, COLTON, FAHY, SEAWRIGHT, GALEF, MOSLEY, DiPIETRO -- Multi-Spon-
  sored by -- M. of A. ARROYO, THIELE -- read once and referred  to  the
  Committee on Governmental Operations

AN  ACT  to  amend the state finance law, in relation to requiring state
  contractors and municipalities and public authorities receiving  state
  funds to disclose their policies on preventing human trafficking with-
  in their supply chains

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The state finance law is amended by adding  a  new  section
148 to read as follows:
  §  148.  DISCLOSURE  OF HUMAN TRAFFICKING POLICY BY STATE CONTRACTORS.
ALL CONTRACT SOLICITATIONS INCLUDING BUT NOT LIMITED TO, INVITATIONS FOR
BIDS, REQUESTS FOR PROPOSALS, REQUESTS FOR APPLICATIONS AND REQUESTS FOR
QUALIFICATIONS FOR CONTRACTS SHALL  REQUIRE  THAT  ANY  OFFEROR  SEEKING
STATE  CONTRACTS SHALL HAVE IN PLACE A POLICY FOR PREVENTING HUMAN TRAF-
FICKING WITHIN ITS SUPPLY CHAIN AND SHALL DISCLOSE  SUCH  POLICY  BEFORE
ANY SUCH CONTRACT SHALL BE AWARDED.
  §  2. The state finance law is amended by adding a new section 53-e to
read as follows:
  § 53-E. DISCLOSURE OF HUMAN TRAFFICKING POLICY BY  MUNICIPALITIES  AND
PUBLIC AUTHORITIES.  ALL MUNICIPALITIES AND PUBLIC AUTHORITIES RECEIVING
APPROPRIATIONS OR ALLOCATIONS OF STATE FUNDS SHALL HAVE IN PLACE A POLI-
CY FOR PREVENTING HUMAN TRAFFICKING WITHIN THEIR SUPPLY CHAINS AND SHALL
DISCLOSE  TO  THE STATE ENTITY PROVIDING SUCH FUNDING SUCH POLICY BEFORE
ANY SUCH CONTRACT SHALL BE AWARDED.
  § 3. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09168-01-7

Co-Sponsors

Multi-Sponsors

A6380A - Details

Current Committee:: Senate Finance
Law Section:: State Finance Law
Laws Affected:: Add §139-d-1, amd §163, St Fin L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A8403
2019-2020: A8061

A6380A - Summary

A6380A - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6380--A

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                              March 6, 2017
                               ___________

Introduced  by  M.  of  A. TITONE, COOK, GOTTFRIED, STIRPE, SIMON, McDO-
  NOUGH, COLTON,  FAHY,  SEAWRIGHT,  GALEF,  MOSLEY,  DiPIETRO,  PAULIN,
  WILLIAMS,   HUNTER,  DINOWITZ,  SEPULVEDA,  ROSENTHAL,  MOYA,  D'URSO,
  ABBATE, BLAKE, GJONAJ, DICKENS, ORTIZ,  GIGLIO,  LAWRENCE,  HARRIS  --
  Multi-Sponsored  by  --  M. of A. ARROYO, DE LA ROSA, ERRIGO, HYNDMAN,
  STECK, THIELE, WRIGHT -- read once and referred to  the  Committee  on
  Governmental Operations -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend the state finance law, in relation to requiring state
  contractors submit a statement on human trafficking

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  state finance law is amended by adding a new section
139-d-1 to read as follows:
  § 319-D-1. STATEMENT ON HUMAN TRAFFICKING IN BIDS TO THE  STATE.    1.
(A)  EVERY  BID  HEREAFTER  MADE  TO THE STATE OR ANY PUBLIC DEPARTMENT,
AGENCY OR OFFICIAL THEREOF, WHERE COMPETITIVE  BIDDING  IS  REQUIRED  BY
STATUTE,  RULE  OR  REGULATION,  FOR WORK OR SERVICES PERFORMED OR TO BE
PERFORMED OR GOODS SOLD OR TO  BE  SOLD,  SHALL  CONTAIN  THE  FOLLOWING
STATEMENT  SUBSCRIBED  BY THE BIDDER AND AFFIRMED BY SUCH BIDDER AS TRUE
UNDER THE PENALTIES OF PERJURY:
  "BY SUBMISSION OF THIS BID, EACH BIDDER AND  EACH  PERSON  SIGNING  ON
BEHALF  OF  ANY  BIDDER  CERTIFIES,  AND IN THE CASE OF A JOINT BID EACH
PARTY THERETO CERTIFIES AS TO ITS OWN  ORGANIZATION,  UNDER  PENALTY  OF
PERJURY, THAT TO THE BEST OF HIS OR HER KNOWLEDGE AND BELIEF, THE GOODS,
WORK  OR  SERVICES  TO  BE  SUPPLIED  OR  PERFORMED  WILL BE SUPPLIED OR
PERFORMED WITHOUT DOING BUSINESS WITH ANY ORGANIZATION, PERSON, OR ENTI-
TY THAT IS OR HAS ENGAGED IN HUMAN TRAFFICKING."
  (B) IN ADDITION TO THE STATEMENT REQUIRED BY  PARAGRAPH  (A)  OF  THIS
SUBDIVISION,  ANY  BIDDER THAT MAINTAINS A WRITTEN POLICY FOR PREVENTING
HUMAN TRAFFICKING WITHIN ITS OPERATIONS, BUSINESS DEALINGS,  AND  SUPPLY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD09168-02-7

A. 6380--A                          2

CHAIN  SHALL  SUBMIT  TO  THE  STATE OR ANY PUBLIC DEPARTMENT, AGENCY OR
OFFICIAL THEREOF SOLICITING SUCH BID SUCH CURRENT  WRITTEN  POLICY  WHEN
SUBMITTING SUCH STATEMENT.
  2.  NOTWITHSTANDING  THE FOREGOING, THE STATEMENT ON HUMAN TRAFFICKING
OR WRITTEN POLICY FOR PREVENTING HUMAN TRAFFICKING REQUIRED PURSUANT  TO
SUBDIVISION  ONE  OF  THIS  SECTION  MAY  BE SUBMITTED ELECTRONICALLY IN
ACCORDANCE WITH THE PROVISIONS  OF  SUBDIVISION  SEVEN  OF  SECTION  ONE
HUNDRED SIXTY-THREE OF THIS CHAPTER.
  3. A BID SHALL NOT BE CONSIDERED FOR AWARD NOR SHALL ANY AWARD BE MADE
WHERE  SUBDIVISION  ONE  OF  THIS  SECTION  HAS  NOT BEEN COMPLIED WITH;
PROVIDED HOWEVER, THAT IF IN ANY CASE THE BIDDER CANNOT MAKE THE FOREGO-
ING CERTIFICATION, THE BIDDER SHALL SO STATE AND SHALL FURNISH WITH  THE
BID A SIGNED STATEMENT WHICH SETS FORTH IN DETAIL THE REASONS THEREFOR.
  4. ANY BID HEREAFTER MADE TO THE STATE OR ANY PUBLIC DEPARTMENT, AGEN-
CY  OR  OFFICIAL  THEREOF  BY  A  CORPORATE  BIDDER FOR WORK OR SERVICES
PERFORMED OR TO BE PERFORMED OR GOODS SOLD OR TO BE SOLD, WHERE  COMPET-
ITIVE BIDDING IS REQUIRED BY STATUTE, RULE OR REGULATION, AND WHERE SUCH
BID CONTAINS THE CERTIFICATION OR WRITTEN POLICY REFERRED TO IN SUBDIVI-
SION ONE OF THIS SECTION, SHALL BE DEEMED TO HAVE BEEN AUTHORIZED BY THE
BOARD OF DIRECTORS OF THE BIDDER, AND SUCH AUTHORIZATION SHALL BE DEEMED
TO INCLUDE THE SIGNING AND SUBMISSION OF THE BID AND THE INCLUSION THER-
EIN  OF  THE  CERTIFICATE  ON  HUMAN  TRAFFICKING AND WRITTEN POLICY FOR
PREVENTING HUMAN TRAFFICKING AS THE ACT AND DEED OF THE CORPORATION.
  5. FOR THE PURPOSES OF THIS SECTION, THE TERM "ENGAGED IN HUMAN  TRAF-
FICKING" SHALL NOT BE CONSTRUED TO INCLUDE AN INDIVIDUAL WHO IS OR WAS A
VICTIM OF HUMAN TRAFFICKING.
  § 2. Subdivision 7 of section 163 of the state finance law, as amended
by section 10 of part L of chapter 55 of the laws of 2012, is amended to
read as follows:
  7. Method of procurement. Consistent with the requirements of subdivi-
sions  three and four of this section, state agencies shall select among
permissible methods of procurement including, but  not  limited  to,  an
invitation for bid, request for proposals or other means of solicitation
pursuant  to  guidelines  issued by the state procurement council. State
agencies may accept bids  electronically  including  submission  of  the
statement of non-collusion required by section one hundred thirty-nine-d
of  this  chapter,  AND  THE  STATEMENT ON HUMAN TRAFFICKING AND WRITTEN
POLICY FOR PREVENTING HUMAN TRAFFICKING REQUIRED BY SECTION ONE  HUNDRED
THIRTY-NINE-D-1 OF THIS CHAPTER, and, starting April first, two thousand
twelve,  and  ending  March thirty-first, two thousand fifteen, may, for
commodity,  service  and   technology   contracts   require   electronic
submission  as the sole method for the submission of bids for the solic-
itation. State agencies shall undertake no more  than  eighty-five  such
electronic  bid  solicitations, none of which shall be reverse auctions,
prior to April first, two thousand fifteen. In addition, state  agencies
may  conduct  up  to  twenty  reverse auctions through electronic means,
prior to April first, two thousand fifteen. Prior to requiring the elec-
tronic submission of bids, the agency shall make a determination,  which
shall   be   documented  in  the  procurement  record,  that  electronic
submission affords a fair and equal opportunity for offerers  to  submit
responsive  offers.  Within thirty days of the completion of the eighty-
fifth electronic bid solicitation,  or  by  April  first,  two  thousand
fifteen,  whichever  is earlier, the commissioner shall prepare a report
assessing the use of electronic  submissions  and  make  recommendations
regarding  future  use  of  this procurement method. In addition, within
thirty days of the completion of the twentieth reverse  auction  through

A. 6380--A                          3

electronic  means, or by April first, two thousand fifteen, whichever is
earlier, the commissioner shall prepare a report assessing  the  use  of
reverse  auctions  through  electronic  means  and  make recommendations
regarding  future  use of this procurement method. Such reports shall be
published on the website of the office of general services. Except where
otherwise provided by law, procurements shall be competitive, and  state
agencies  shall  conduct  formal competitive procurements to the maximum
extent practicable. State agencies shall document the  determination  of
the  method  of  procurement  and  the basis of award in the procurement
record. Where the basis for award is the best  value  offer,  the  state
agency  shall  document, in the procurement record and in advance of the
initial receipt of offers, the determination of the evaluation criteria,
which whenever possible, shall be quantifiable, and the  process  to  be
used  in  the  determination  of  best value and the manner in which the
evaluation process and selection shall be conducted.
  § 3. This act shall take effect on the ninetieth day  after  it  shall
have  become  a law and shall only apply to contracts entered into on or
after such effective date; provided  however,  that  the  amendments  to
subdivision  7  of  section 163 of the state finance law made by section
two of this act shall not affect the repeal of such section and shall be
deemed repealed therewith.

Co-Sponsors

Multi-Sponsors

A6380B - Details

Current Committee:: Senate Finance
Law Section:: State Finance Law
Laws Affected:: Add §139-d-1, amd §163, St Fin L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A8403
2019-2020: A8061

A6380B - Summary

A6380B - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6380--B

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                              March 6, 2017
                               ___________

Introduced  by  M.  of  A. TITONE, COOK, GOTTFRIED, STIRPE, SIMON, McDO-
  NOUGH, COLTON,  FAHY,  SEAWRIGHT,  GALEF,  MOSLEY,  DiPIETRO,  PAULIN,
  WILLIAMS,   HUNTER,  DINOWITZ,  SEPULVEDA,  ROSENTHAL,  MOYA,  D'URSO,
  ABBATE, BLAKE, GJONAJ, DICKENS, ORTIZ,  GIGLIO,  LAWRENCE,  HARRIS  --
  Multi-Sponsored  by  --  M. of A. ARROYO, DE LA ROSA, ERRIGO, HYNDMAN,
  STECK, THIELE, WRIGHT -- read once and referred to  the  Committee  on
  Governmental Operations -- committee discharged, bill amended, ordered
  reprinted  as  amended  and  recommitted  to  said  committee -- again
  reported from said committee with  amendments,  ordered  reprinted  as
  amended and recommitted to said committee

AN  ACT  to  amend the state finance law, in relation to requiring state
  contractors submit a statement on human trafficking

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  state finance law is amended by adding a new section
139-d-1 to read as follows:
  § 139-D-1. STATEMENT ON HUMAN TRAFFICKING IN BIDS TO THE  STATE.    1.
(A)  EVERY  BID  HEREAFTER  MADE  TO THE STATE OR ANY PUBLIC DEPARTMENT,
AGENCY OR OFFICIAL THEREOF, WHERE COMPETITIVE  BIDDING  IS  REQUIRED  BY
STATUTE,  RULE  OR  REGULATION,  FOR WORK OR SERVICES PERFORMED OR TO BE
PERFORMED OR GOODS SOLD OR TO  BE  SOLD,  SHALL  CONTAIN  THE  FOLLOWING
STATEMENT  SUBSCRIBED  BY THE BIDDER AND AFFIRMED BY SUCH BIDDER AS TRUE
UNDER THE PENALTIES OF PERJURY:
  "BY SUBMISSION OF THIS BID, EACH BIDDER AND  EACH  PERSON  SIGNING  ON
BEHALF  OF  ANY  BIDDER  CERTIFIES,  AND IN THE CASE OF A JOINT BID EACH
PARTY THERETO CERTIFIES AS TO ITS OWN  ORGANIZATION,  UNDER  PENALTY  OF
PERJURY, THAT TO THE BEST OF HIS OR HER KNOWLEDGE AND BELIEF, THE GOODS,
WORK  OR  SERVICES  TO  BE  SUPPLIED  OR  PERFORMED  WILL BE SUPPLIED OR
PERFORMED WITHOUT DOING BUSINESS WITH ANY ORGANIZATION, PERSON, OR ENTI-
TY THAT IS OR HAS ENGAGED IN HUMAN TRAFFICKING."

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09168-04-7

A. 6380--B                          2

  (B) IN ADDITION TO THE STATEMENT REQUIRED BY  PARAGRAPH  (A)  OF  THIS
SUBDIVISION,  ANY  BIDDER THAT MAINTAINS A WRITTEN POLICY FOR PREVENTING
HUMAN TRAFFICKING WITHIN ITS OPERATIONS, BUSINESS DEALINGS,  AND  SUPPLY
CHAIN  SHALL  SUBMIT  TO  THE  STATE OR ANY PUBLIC DEPARTMENT, AGENCY OR
OFFICIAL  THEREOF  SOLICITING  SUCH BID SUCH CURRENT WRITTEN POLICY WHEN
SUBMITTING SUCH STATEMENT.
  2. NOTWITHSTANDING THE FOREGOING, THE STATEMENT ON  HUMAN  TRAFFICKING
OR  WRITTEN POLICY FOR PREVENTING HUMAN TRAFFICKING REQUIRED PURSUANT TO
SUBDIVISION ONE OF THIS  SECTION  MAY  BE  SUBMITTED  ELECTRONICALLY  IN
ACCORDANCE  WITH  THE  PROVISIONS  OF  SUBDIVISION  SEVEN OF SECTION ONE
HUNDRED SIXTY-THREE OF THIS CHAPTER.
  3. A BID SHALL NOT BE CONSIDERED FOR AWARD NOR SHALL ANY AWARD BE MADE
WHERE SUBDIVISION ONE OF  THIS  SECTION  HAS  NOT  BEEN  COMPLIED  WITH;
PROVIDED HOWEVER, THAT IF IN ANY CASE THE BIDDER CANNOT MAKE THE FOREGO-
ING  CERTIFICATION, THE BIDDER SHALL SO STATE AND SHALL FURNISH WITH THE
BID A SIGNED STATEMENT WHICH SETS FORTH IN DETAIL THE REASONS THEREFOR.
  4. ANY BID HEREAFTER MADE TO THE STATE OR ANY PUBLIC DEPARTMENT, AGEN-
CY OR OFFICIAL THEREOF BY  A  CORPORATE  BIDDER  FOR  WORK  OR  SERVICES
PERFORMED  OR TO BE PERFORMED OR GOODS SOLD OR TO BE SOLD, WHERE COMPET-
ITIVE BIDDING IS REQUIRED BY STATUTE, RULE OR REGULATION, AND WHERE SUCH
BID CONTAINS THE CERTIFICATION OR WRITTEN POLICY REFERRED TO IN SUBDIVI-
SION ONE OF THIS SECTION, SHALL BE DEEMED TO HAVE BEEN AUTHORIZED BY THE
BOARD OF DIRECTORS OF THE BIDDER, AND SUCH AUTHORIZATION SHALL BE DEEMED
TO INCLUDE THE SIGNING AND SUBMISSION OF THE BID AND THE INCLUSION THER-
EIN OF THE CERTIFICATE ON  HUMAN  TRAFFICKING  AND  WRITTEN  POLICY  FOR
PREVENTING HUMAN TRAFFICKING AS THE ACT AND DEED OF THE CORPORATION.
  5.  FOR THE PURPOSES OF THIS SECTION, THE TERM "ENGAGED IN HUMAN TRAF-
FICKING" SHALL NOT BE CONSTRUED TO INCLUDE AN INDIVIDUAL WHO IS OR WAS A
VICTIM OF HUMAN TRAFFICKING.
  § 2. Subdivision 7 of section 163 of the state finance law, as amended
by section 10 of part L of chapter 55 of the laws of 2012, is amended to
read as follows:
  7. Method of procurement. Consistent with the requirements of subdivi-
sions three and four of this section, state agencies shall select  among
permissible  methods  of  procurement  including, but not limited to, an
invitation for bid, request for proposals or other means of solicitation
pursuant to guidelines issued by the state  procurement  council.  State
agencies  may  accept  bids  electronically  including submission of the
statement of non-collusion required by section one hundred thirty-nine-d
of this chapter, AND THE STATEMENT  ON  HUMAN  TRAFFICKING  AND  WRITTEN
POLICY  FOR PREVENTING HUMAN TRAFFICKING REQUIRED BY SECTION ONE HUNDRED
THIRTY-NINE-D-1 OF THIS CHAPTER, and, starting April first, two thousand
twelve, and ending March thirty-first, two thousand  fifteen,  may,  for
commodity,   service   and   technology   contracts  require  electronic
submission as the sole method for the submission of bids for the  solic-
itation.  State  agencies  shall undertake no more than eighty-five such
electronic bid solicitations, none of which shall be  reverse  auctions,
prior  to April first, two thousand fifteen. In addition, state agencies
may conduct up to twenty  reverse  auctions  through  electronic  means,
prior to April first, two thousand fifteen. Prior to requiring the elec-
tronic  submission of bids, the agency shall make a determination, which
shall  be  documented  in  the  procurement  record,   that   electronic
submission  affords  a fair and equal opportunity for offerers to submit
responsive offers. Within thirty days of the completion of  the  eighty-
fifth  electronic  bid  solicitation,  or  by  April first, two thousand
fifteen, whichever is earlier, the commissioner shall prepare  a  report

A. 6380--B                          3

assessing  the  use  of  electronic submissions and make recommendations
regarding future use of this procurement  method.  In  addition,  within
thirty  days  of the completion of the twentieth reverse auction through
electronic  means, or by April first, two thousand fifteen, whichever is
earlier, the commissioner shall prepare a report assessing  the  use  of
reverse  auctions  through  electronic  means  and  make recommendations
regarding future use of this procurement method. Such reports  shall  be
published on the website of the office of general services. Except where
otherwise  provided by law, procurements shall be competitive, and state
agencies shall conduct formal competitive procurements  to  the  maximum
extent  practicable.  State agencies shall document the determination of
the method of procurement and the basis  of  award  in  the  procurement
record.  Where  the  basis  for award is the best value offer, the state
agency shall document, in the procurement record and in advance  of  the
initial receipt of offers, the determination of the evaluation criteria,
which  whenever  possible,  shall be quantifiable, and the process to be
used in the determination of best value and  the  manner  in  which  the
evaluation process and selection shall be conducted.
  §  3.  This  act shall take effect on the ninetieth day after it shall
have become a law and shall only apply to contracts entered into  on  or
after  such  effective  date;  provided  however, that the amendments to
subdivision 7 of section 163 of the state finance law  made  by  section
two of this act shall not affect the repeal of such section and shall be
deemed repealed therewith.

Co-Sponsors

Multi-Sponsors

A6380C (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: State Finance Law
Laws Affected:: Add §139-d-1, amd §163, St Fin L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A8403
2019-2020: A8061

A6380C (ACTIVE) - Summary

A6380C (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6380--C

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                              March 6, 2017
                               ___________

Introduced  by  M.  of  A. TITONE, COOK, GOTTFRIED, STIRPE, SIMON, McDO-
  NOUGH, COLTON,  FAHY,  SEAWRIGHT,  GALEF,  MOSLEY,  DiPIETRO,  PAULIN,
  WILLIAMS,   HUNTER,  DINOWITZ,  SEPULVEDA,  ROSENTHAL,  MOYA,  D'URSO,
  ABBATE, BLAKE, GJONAJ, DICKENS, ORTIZ,  GIGLIO,  LAWRENCE,  HARRIS  --
  Multi-Sponsored  by  --  M. of A. ARROYO, DE LA ROSA, ERRIGO, HYNDMAN,
  STECK, THIELE, WRIGHT -- read once and referred to  the  Committee  on
  Governmental Operations -- committee discharged, bill amended, ordered
  reprinted  as  amended  and  recommitted  to  said  committee -- again
  reported from said committee with  amendments,  ordered  reprinted  as
  amended  and recommitted to said committee -- reported and referred to
  the Committee on Codes -- committee discharged, bill amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend the state finance law, in relation to requiring state
  contractors submit a statement on human trafficking

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  state finance law is amended by adding a new section
139-d-1 to read as follows:
  § 139-D-1. STATEMENT ON HUMAN TRAFFICKING IN BIDS TO THE  STATE.    1.
(A)  EVERY  BID  HEREAFTER  MADE  TO THE STATE OR ANY PUBLIC DEPARTMENT,
AGENCY OR OFFICIAL THEREOF, WHERE COMPETITIVE  BIDDING  IS  REQUIRED  BY
STATUTE,  RULE  OR  REGULATION,  FOR WORK OR SERVICES PERFORMED OR TO BE
PERFORMED OR GOODS SOLD OR TO  BE  SOLD,  SHALL  CONTAIN  THE  FOLLOWING
STATEMENT  SUBSCRIBED  BY THE BIDDER AND AFFIRMED BY SUCH BIDDER AS TRUE
UNDER THE PENALTIES OF PERJURY:
  "BY SUBMISSION OF THIS BID, EACH BIDDER AND  EACH  PERSON  SIGNING  ON
BEHALF  OF  ANY  BIDDER  CERTIFIES,  AND IN THE CASE OF A JOINT BID EACH
PARTY THERETO CERTIFIES AS TO ITS OWN  ORGANIZATION,  UNDER  PENALTY  OF
PERJURY, THAT TO THE BEST OF HIS OR HER KNOWLEDGE AND BELIEF, THE GOODS,
WORK  OR  SERVICES  TO  BE  SUPPLIED  OR  PERFORMED  WILL BE SUPPLIED OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09168-06-7

A. 6380--C                          2

PERFORMED WITHOUT DOING BUSINESS WITH ANY ORGANIZATION, PERSON, OR ENTI-
TY THAT IS ENGAGING IN HUMAN TRAFFICKING."
  (B)  IN  ADDITION  TO  THE STATEMENT REQUIRED BY PARAGRAPH (A) OF THIS
SUBDIVISION, ANY BIDDER THAT MAINTAINS A WRITTEN POLICY  FOR  PREVENTING
HUMAN  TRAFFICKING  WITHIN ITS OPERATIONS, BUSINESS DEALINGS, AND SUPPLY
CHAIN SHALL SUBMIT TO THE STATE OR  ANY  PUBLIC  DEPARTMENT,  AGENCY  OR
OFFICIAL  THEREOF  SOLICITING  SUCH BID SUCH CURRENT WRITTEN POLICY WHEN
SUBMITTING SUCH STATEMENT.
  2. NOTWITHSTANDING THE FOREGOING, THE STATEMENT ON  HUMAN  TRAFFICKING
OR  WRITTEN POLICY FOR PREVENTING HUMAN TRAFFICKING REQUIRED PURSUANT TO
SUBDIVISION ONE OF THIS  SECTION  MAY  BE  SUBMITTED  ELECTRONICALLY  IN
ACCORDANCE  WITH  THE  PROVISIONS  OF  SUBDIVISION  SEVEN OF SECTION ONE
HUNDRED SIXTY-THREE OF THIS CHAPTER.
  3. A BID SHALL NOT BE CONSIDERED FOR AWARD NOR SHALL ANY AWARD BE MADE
WHERE SUBDIVISION ONE OF  THIS  SECTION  HAS  NOT  BEEN  COMPLIED  WITH;
PROVIDED HOWEVER, THAT IF IN ANY CASE THE BIDDER CANNOT MAKE THE FOREGO-
ING  CERTIFICATION, THE BIDDER SHALL SO STATE AND SHALL FURNISH WITH THE
BID A SIGNED STATEMENT WHICH SETS FORTH IN DETAIL THE REASONS THEREFOR.
  4. ANY BID HEREAFTER MADE TO THE STATE OR ANY PUBLIC DEPARTMENT, AGEN-
CY OR OFFICIAL THEREOF BY  A  CORPORATE  BIDDER  FOR  WORK  OR  SERVICES
PERFORMED  OR TO BE PERFORMED OR GOODS SOLD OR TO BE SOLD, WHERE COMPET-
ITIVE BIDDING IS REQUIRED BY STATUTE, RULE OR REGULATION, AND WHERE SUCH
BID CONTAINS THE CERTIFICATION OR WRITTEN POLICY REFERRED TO IN SUBDIVI-
SION ONE OF THIS SECTION, SHALL BE DEEMED TO HAVE BEEN AUTHORIZED BY THE
BOARD OF DIRECTORS OF THE BIDDER, AND SUCH AUTHORIZATION SHALL BE DEEMED
TO INCLUDE THE SIGNING AND SUBMISSION OF THE BID AND THE INCLUSION THER-
EIN OF THE CERTIFICATE ON  HUMAN  TRAFFICKING  AND  WRITTEN  POLICY  FOR
PREVENTING HUMAN TRAFFICKING AS THE ACT AND DEED OF THE CORPORATION.
  5. FOR THE PURPOSES OF THIS SECTION, THE TERM "ENGAGING IN HUMAN TRAF-
FICKING" SHALL NOT BE CONSTRUED TO INCLUDE AN INDIVIDUAL WHO IS OR WAS A
VICTIM OF HUMAN TRAFFICKING.
  § 2. Subdivision 7 of section 163 of the state finance law, as amended
by section 10 of part L of chapter 55 of the laws of 2012, is amended to
read as follows:
  7. Method of procurement. Consistent with the requirements of subdivi-
sions  three and four of this section, state agencies shall select among
permissible methods of procurement including, but  not  limited  to,  an
invitation for bid, request for proposals or other means of solicitation
pursuant  to  guidelines  issued by the state procurement council. State
agencies may accept bids  electronically  including  submission  of  the
statement of non-collusion required by section one hundred thirty-nine-d
of  this  chapter,  AND  THE  STATEMENT ON HUMAN TRAFFICKING AND WRITTEN
POLICY FOR PREVENTING HUMAN TRAFFICKING REQUIRED BY SECTION ONE  HUNDRED
THIRTY-NINE-D-1 OF THIS CHAPTER, and, starting April first, two thousand
twelve,  and  ending  March thirty-first, two thousand fifteen, may, for
commodity,  service  and   technology   contracts   require   electronic
submission  as the sole method for the submission of bids for the solic-
itation. State agencies shall undertake no more  than  eighty-five  such
electronic  bid  solicitations, none of which shall be reverse auctions,
prior to April first, two thousand fifteen. In addition, state  agencies
may  conduct  up  to  twenty  reverse auctions through electronic means,
prior to April first, two thousand fifteen. Prior to requiring the elec-
tronic submission of bids, the agency shall make a determination,  which
shall   be   documented  in  the  procurement  record,  that  electronic
submission affords a fair and equal opportunity for offerers  to  submit
responsive  offers.  Within thirty days of the completion of the eighty-

A. 6380--C                          3

fifth electronic bid solicitation,  or  by  April  first,  two  thousand
fifteen,  whichever  is earlier, the commissioner shall prepare a report
assessing the use of electronic  submissions  and  make  recommendations
regarding  future  use  of  this procurement method. In addition, within
thirty days of the completion of the twentieth reverse  auction  through
electronic  means, or by April first, two thousand fifteen, whichever is
earlier, the commissioner shall prepare a report assessing  the  use  of
reverse  auctions  through  electronic  means  and  make recommendations
regarding future use of this procurement method. Such reports  shall  be
published on the website of the office of general services. Except where
otherwise  provided by law, procurements shall be competitive, and state
agencies shall conduct formal competitive procurements  to  the  maximum
extent  practicable.  State agencies shall document the determination of
the method of procurement and the basis  of  award  in  the  procurement
record.  Where  the  basis  for award is the best value offer, the state
agency shall document, in the procurement record and in advance  of  the
initial receipt of offers, the determination of the evaluation criteria,
which  whenever  possible,  shall be quantifiable, and the process to be
used in the determination of best value and  the  manner  in  which  the
evaluation process and selection shall be conducted.
  §  3.  This  act shall take effect on the ninetieth day after it shall
have become a law and shall only apply to contracts entered into  on  or
after  such  effective  date;  provided  however, that the amendments to
subdivision 7 of section 163 of the state finance law  made  by  section
two of this act shall not affect the repeal of such section and shall be
deemed repealed therewith.

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The New York State Senate

assembly Bill A6380A

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assembly Bill A6380A

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Vivian Cook

Richard Gottfried

Albert A. Stirpe

Jo Anne Simon

David McDonough

William Colton

Patricia Fahy

Rebecca Seawright

Sandy Galef

Walter T. Mosley

David DiPietro

Amy Paulin

Jaime R. Williams

Pamela J. Hunter

Jeffrey Dinowitz

Luis R. Sepúlveda

Linda Rosenthal

Francisco Moya

Anthony D'Urso

Peter Abbate

Michael Blake

Mark Gjonaj

Inez E. Dickens

Felix Ortiz

Joseph Giglio

Peter Lawrence

Pamela Harris

Multi-Sponsors

Carmen E. Arroyo

Carmen De La Rosa

Joseph Errigo

Alicia Hyndman

Phil Steck

Fred Thiele

Tremaine Wright

A6380 - Details

A6380 - Summary

A6380 - Bill Text download pdf

Co-Sponsors

Vivian Cook

Richard Gottfried

Albert A. Stirpe

Jo Anne Simon

David McDonough

William Colton

Patricia Fahy

Rebecca Seawright

Sandy Galef

Walter T. Mosley

David DiPietro

Amy Paulin

Jaime R. Williams

Pamela J. Hunter

Jeffrey Dinowitz

Luis R. Sepúlveda

Linda Rosenthal

Francisco Moya

Anthony D'Urso

Peter Abbate

Michael Blake

Mark Gjonaj

Inez E. Dickens

Felix Ortiz

Joseph Giglio

Peter Lawrence

Pamela Harris

Multi-Sponsors

Carmen E. Arroyo

Carmen De La Rosa

Joseph Errigo

Alicia Hyndman